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CHAPTER 40-1
CRUELTY, ABUSE AND INJURY TO ANIMALS
40-1-1 Definition of terms.
40-1-2, 40-1-2.1. Repealed.
40-1-2.2 Repealed.
40-1-2.3 Neglect, abandonment, or mistreatment of animal--Misdemeanor.
40-1-2.4 Cruelty to animals--Felony.
40-1-2.5, 40-1-2.6. Repealed.
40-1-3, 40-1-4. Repealed.
40-1-5 Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
40-1-5.1 Liability of owner or caretaker for impounded animal.
40-1-6, 40-1-7. Repealed.
40-1-8 Repealed.
40-1-9 Instigation, permitting or viewing animal fight prohibited--Spectating as misdemeanor.
40-1-9, 40-1-10. Repealed.
40-1-10.1 Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
40-1-11 Entry by officer of place where animal fight conducted--Arrest of persons present.
40-1-11.1 Seizure of fighting animals and related paraphernalia--Disposition.
40-1-12 Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
40-1-13 Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
40-1-14 Corporate responsibility for knowledge and acts of agents.
40-1-15 Repealed.
40-1-16 Regulated scientific experiments permitted--Inspection.
40-1-17 Exemptions from chapters 40-1 and 40-2.
40-1-18, 40-1-19. Repealed.
40-1-20 Intentionally poisoning animal of another--Misdemeanor--Exceptions.
40-1-21 Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
40-1-22 Repealed.
40-1-23 Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
40-1-24 Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
40-1-25 Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
40-1-26, 40-1-27. Repealed.
40-1-28 Inspection of premises authorized.
40-1-29 Investigation procedure.
40-1-30 Records of complaints--Public inspection.
40-1-31 Liability of officer or agent.
40-1-32 Liability of parent or guardian for violation by minor.
40-1-33 Repealed.
40-1-34 Disposition of impounded animals.
40-1-35 Contract to enforce livestock provisions.
40-1-36 Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
40-1-37 Use of weapons or tranquilizing agents to control dangerous animals.
40-1-38 Harassment of service animal accompanying disabled person prohibited.
40-1-39 Rebuttable presumption of maliciousness.
40-1-40 Harassment defined--Malicious act defined.
40-1-41 Repealed.40-1-1. Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;
(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(3) "Board," the South Dakota Animal Industry Board;
(4) "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;
(5) "Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;
(6) "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;
(7) "Impound," to take physical control and custody of an animal;
(8) "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;
(9) "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;
(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
(11) "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.
Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.
40-1-2, 40-1-2.1. Repealed by SL 1991, ch 331, §§ 10, 11
CHAPTER 40-1
CRUELTY, ABUSE AND INJURY TO ANIMALS
40-1-1 Definition of terms.
40-1-2, 40-1-2.1. Repealed.
40-1-2.2 Repealed.
40-1-2.3 Neglect, abandonment, or mistreatment of animal--Misdemeanor.
40-1-2.4 Cruelty to animals--Felony.
40-1-2.5, 40-1-2.6. Repealed.
40-1-3, 40-1-4. Repealed.
40-1-5 Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
40-1-5.1 Liability of owner or caretaker for impounded animal.
40-1-6, 40-1-7. Repealed.
40-1-8 Repealed.
40-1-9 Instigation, permitting or viewing animal fight prohibited--Spectating as misdemeanor.
40-1-9, 40-1-10. Repealed.
40-1-10.1 Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
40-1-11 Entry by officer of place where animal fight conducted--Arrest of persons present.
40-1-11.1 Seizure of fighting animals and related paraphernalia--Disposition.
40-1-12 Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
40-1-13 Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
40-1-14 Corporate responsibility for knowledge and acts of agents.
40-1-15 Repealed.
40-1-16 Regulated scientific experiments permitted--Inspection.
40-1-17 Exemptions from chapters 40-1 and 40-2.
40-1-18, 40-1-19. Repealed.
40-1-20 Intentionally poisoning animal of another--Misdemeanor--Exceptions.
40-1-21 Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
40-1-22 Repealed.
40-1-23 Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
40-1-24 Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
40-1-25 Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
40-1-26, 40-1-27. Repealed.
40-1-28 Inspection of premises authorized.
40-1-29 Investigation procedure.
40-1-30 Records of complaints--Public inspection.
40-1-31 Liability of officer or agent.
40-1-32 Liability of parent or guardian for violation by minor.
40-1-33 Repealed.
40-1-34 Disposition of impounded animals.
40-1-35 Contract to enforce livestock provisions.
40-1-36 Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
40-1-37 Use of weapons or tranquilizing agents to control dangerous animals.
40-1-38 Harassment of service animal accompanying disabled person prohibited.
40-1-39 Rebuttable presumption of maliciousness.
40-1-40 Harassment defined--Malicious act defined.
40-1-41 Repealed.40-1-1. Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;
(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(3) "Board," the South Dakota Animal Industry Board;
(4) "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;
(5) "Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;
(6) "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;
(7) "Impound," to take physical control and custody of an animal;
(8) "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;
(9) "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;
(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
(11) "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.
Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.
40-1-2, 40-1-2.1. Repealed by SL 1991, ch 331, §§ 10, 11